IACHR Expresses concern over new immigration law in the state of arizona
in the united states

Washington, DC,
April 28, 2010 – The Inter-American Commission for Human Rights (IACHR)
expresses deep concern over the new immigration law approved in the
State of Arizona in the United States.

The law, which was
signed on April 23, 2010 and would enter into force in three months,
requires all police officers in Arizona to question any individual
regarding his or her immigration status if the officer has a “reasonable
suspicion” that the individual is unlawfully in the United States.
Likewise, the law establishes that the presence of an undocumented
immigrant in Arizona is a criminal offense and that person will be
guilty of the crime of “trespassing,” which carries a prison sentence of
up to six months, a monetary fine, as well as paying all prison costs.

First, the
Inter-American Commission expresses its deep concern with the high risk
of racial discrimination in the implementation of the law. Second, the
Commission is concerned with the criminalization of the presence of
undocumented persons. In this regard, the IACHR wishes to recall that
international norms establish that detention should be applied only
under exceptional circumstances and only after it has been determined,
in each individual case, to be necessary and proportional. As the IACHR
indicated in July 2008 in its resolution regarding the “Return Directive”
adopted by the European Parliament on June 18th of that year, States
should avoid prolonged detention in every case and should ensure that
detention be for the shortest period possible. In addition, the
detention must be ordered by a competent authority, which by general
rule must be a judge.

International law
recognizes that countries may establish mechanisms to control the entry
and departure of foreigners to their territory. Likewise, international
law establishes that a State’s actions in this context must be applied
with strict regard for the rights of the people affected and with
observation of fundamental principles such as non-discrimination and the
rights to liberty and personal integrity, which cannot be subordinated
to the implementation of public policy objectives.

The Inter-American
Commission exhorts U.S. authorities to find adequate measures to modify
the recently approved law in the State of Arizona in order to bring it
into accordance with international human rights standards for the
protection of migrants.

A principal,
autonomous body of the Organization of American States (OAS), the IACHR
derives its mandate from the OAS Charter and the American Convention on
Human Rights. The Commission is composed of seven independent members
who act in a personal capacity, without representing a particular
country, and who are elected by the OAS General Assembly.